Agenda and minutes

Apologies for absence were received on behalf Councillors Erskine, Jenks, and Strang.

Councillor Newton was substituting for Councillor Jenks.

NOTED

The Chair will consider the admission of any late items of urgent business.   Late items will be considered under the agenda item where they appear. New items will be dealt with at item 8 below.

There were no items of urgent business.

NOTED

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at he commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interests.

NOTED

To confirm and sign the minutes of the meetings of the Licensing Committee held on:

21^st May 2009

3^rd August 2009

7^th September 2009

10^th September 2009 (reconvened on 25^th September 2009)

4^th March 2010

And to confirm and sign the minutes of the Licensing Sub-Committees held on:

21^st April 2009

22^nd June 2009

7^th July 2009

30^th July 2009

17^th September 2009

12^th January 2010

25^th January 2010 (reconvened on 11^th February 2010)

28^th January 2010

RESOLVED

That the Chair be authorised to sign the minutes of the Licensing Committees held on21^st May 2009, 3^rd August 2009, 7^th September 2009, 10^th and reconvened on 25^th  September 2009, and 4^th March 2010, and the minutes of the Licensing Sub-Committees held on 21^st April 2009, 22^nd June 2009, 7^th July 2009, 30^th July 2009, 17^th September 2009, 12^th January 2010, 25^th January 2010 and reconvened on 11^th February 2010, and 28^th January 2010 as an accurate record of the proceedings.

To establish three Licensing Sub Committees to conduct the majority of hearings under the Licensing Act 2003 and the Gambling Act 2005.

The Chair advised the meeting that the report before it detailed the establishment of the three Licensing Sub-Committees to conduct the majority of licensing hearings, following the appointment of members of the Licensing Committee by the Full Council on 24 May 2010. The Committee was also asked to note the provisions for the appointment of substitutes for Sub-Committee hearings and the terms of reference of the Licensing Committee and its Sub-Committees.

The Chair also referred the Committee to consider the appointment of Members to the three Licensing Sub-Committees, as set out in Appendix 2 of the report, which was tabled at the meeting. The Chair also advised that there would be 2 Members of the Licensing Committee who would not be appointed to the 3 Sub-Committees and that these 2 members would act as substitute and ‘float’ members wherever possible.

RESOLVED

i.         that  the terms of reference of the Licensing Committee in the Council’s      

          Constitution attached as Appendix 1 to the report be noted:

ii.        That approval be given to  the establishment of three Licensing Sub-Committees with the membership set out in Appendix 2 to this report (tabled) and as shown below:

           Licensing Sub-Committee A

           Councillor Demirci (Chair)

           Councillor Adamou

           Councillor Reid

           Licensing Sub-Committee B

           Councillor Browne (Chair)

           Councillor Brabazon

           Councillor Jenks

            Licensing Sub-Committee C

           Councillor Ejiofor (Chair)

           Councillor Basu

           Councillor Scott

           Floating Members not appointed to Licensing Sub Committees A-C

           Councillor Erskine

           Councillor Strang

iii.       That the terms of reference of the Licensing Sub-Committees in the Constitution attached as Appendix 3 to the report be confirmed;

iv.       That the provisions in the Committee Procedure Rules, Part 4, Section B of the Constitution and the delegations to the Head of Local Democracy and Member Services (Appendix E Section 9 paragraph 1.4 of the Constitution) for the appointment of a substitute Member of a Licensing Sub-Committee from among the Members of the Committee when the permanent Sub-Committee Member was unable to attend for any reason, be noted;

v.    That it be noted that the Council Procedure Rules in Part 4 B of the Constitution do not apply to hearings, which are governed by the Local Licensing Procedure Rules and the relevant Regulations; and

vi.   That it be noted that the other business of the Committee, except for hearings, was governed by the Council’s Procedure Rules (Council Standing Orders) noting the substitution rule as detailed under Part 4 Section B of the Constitution.

To note the changes to and to endorse the draft Haringey Statement of Licensing Policy 2011-2014 to go out for public consultation.

Appendix 1 to follow

The Chair asked for a brief introduction of the circulated report.

The Licensing Officer – Ms Barrett advised the meeting that the LB Haringey, in its role as a Licensing Authority were required to publish a policy statement to guide it in its responsibilities and decision making of applications under the Licensing 2003 Act. The 2003 Act introduced a new regime under which the Licensing Act  2003 (the ‘2003 Act’)  which the responsibility for the licensing of the sale of alcohol , regulated entertainment and late night refreshment transferred from the Magistrates Court to the licensing authority , i.e. the local authority.

Ms Barrett went on to advise that one of the key requirements under the 2003 Act was to prepare and publish a Statement of Licensing policy which set out the basis on which the authority will make its licence application decisions. This was first published on 7^th January 2005 after widespread consultation. The legislation required that the Statement of Licensing Policy be reviewed at least every three years. The Licensing Authority was required under the Act to consult on their policy (and any subsequent revisions) and the requirements of this consultation were also detailed in statute.

Ms Barrett outlined four licensing objectives contained within the Act which underpinned the functions that the Licensing Authorities will perform.

These were:

• prevention of crime and disorder;
• public safety;
• prevention of public nuisance
• protection of children from harm

Ms Barrett further commented that the Licensing Authority’s Statement of Licensing Policy had to show how the licensing objectives would be achieved,  and have regard to the S182 guidance published by the Department of Culture Media and Sports.

The Chair thanked Ms Barrett for her succinct introduction of the report and asked if there were any questions or points of clarification.

Councillor Brabazon sought clarification in regard to the process for consultation and input for individuals feeding in to this, and also the role of the Licensing Committee in this respect, as well as issues relating risk assessment particularly in relation to street cafes. Ms Barrett responded that the Committee was asked to note the changes and endorse the draft Haringey Statement of Licensing Policy 2011-2104 prior to consideration by the General Purposes Committee and giving its approval to the public consultation exercise, as changes to the Licensing Policy required endorsement by the General Purposes Committee as amendments to the actual act fell within that Committee’s terms of reference, as well as consultation on the changes.  The consultation period was for 12 weeks and that any member would be able to give their views in writing or by email.

The results of the consultation would be reported back to the General Purposes Committee in the autumn of 2010 – to the September meeting.  In terms of risk assessment premises were visited by Licensing Officers to all licensed premises together with the regulatory authorities – Police, Fire, and health and safety and that with large events there would be an assessment of crowd sizes.  ...  view the full minutes text for item 6.

To recommend adopting the amendment to Schedule 3 of the Local Government Act 1982 (the 1982 Act) as inserted by Section 27 of the 2009 Act. The effect of this provision, if adopted, is to bring the licensing of lap dancing and pole dancing clubs and other similar venues under the regime set out in the 1982 Act, which is currently used to regulate establishments such as sex shops and sex cinemas.

The Chair asked for an introduction of the report.

The Licensing Officer - Ms Barrett advised the Committee that there were now revisions to the existing 2003 Licensing Act whereby the matter of lap dancing was now falling into the Local Government (Miscellaneous Provisions Act) 1982 to allow the licensing of “Sexual Entertainment Venues”.  Under Section 27 of the schedule, there was a new category of sex establishment called a “sexual entertainment venue”. Ms Barrett advised that a “sexual entertainment venue” was defined as “any premises, which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.”

Ms Barrett also advised the Committee following considerable lobbying and comment h that the amendment to the 1982 regulations now allowed the Council to regulate the operation of lap dancing etc as well as sex cinemas and sex shops. Currently Lap dancing did not require a premises licence under the Licensing Act 2003 and no special provisions were made in the 2003 Act for lap-dancing venues. If an application for performance of dancing was submitted to the Council and unopposed, then the authority must grant it subject to mandatory conditions. However if representations were made by an interested party or responsible authority then the authority may, following a Licensing hearing, impose other conditions or reject the application providing the rejection was in line with at least one of the four general licensing objectives under the Licensing Act 2003. 

The Chair thanked Ms Barrett for her introduction and the Committee then undertook a wide ranging discussion and raised concerns in respect of:

·        the regulating of existing and new licences and what exactly did the new legislation actually mean and would this make a difference to existing practices

·        the frequency that such events could be operated under the new legislation

·        the notice required for such events to the local authority and whether there would be advance notice given .

·        clarification as regards the ‘slip rule’ and how this would operate  

In response to the points raised Ms Barrett commented that the Government had consulted with Local authorities, and other relevant parties, as to whether or not the Licensing Act 2003 provided adequate provisions to regulate such activities.  Results of consultation showed that many respondents, including local authorities, thought it was not fit for purpose, as it did not allow the issues that really concerned residents faced with such an application to have a voice. As a result the amendment to the 1982 Act provided a more specified approach to Sexual Entertainment Venues and their control.  The Licensing Authority was now able to apply prescribed conditions on grounds not covered by the Licensing Act 2003, e.g. dealing with the location of the premises and the character of the area, the hours of operation, the display of adverts, the visibility of the interior and the managerial control of premises.  The local authority may further prescribe different standard conditions on a sexual entertainment venue compared to other sex establishments,  ...  view the full minutes text for item 7.

To consider any new items of urgent business admitted under agenda item 2 above.

There were no items of urgent business.

The scheduled meetings of the Licensing Committee for 2010/11 are as follows:

30 September 2010

7 February 2011

5 April 2011

30 September 2010

7 February 2011

5 April 2011

The meeting ended at 19.35hrs.